WOMENS RECOMMENDATIONS ON THE ASEAN HUMAN RIGHTS DECLARATION (AHRD) A Philwomen on ASEAN1 Submission Preamble: 1.

Ensure that the foundation of this Declaration shall be based on international human rights norms and standards and generally accepted principles of international law. 2. Insert/include formulations on principles of non-retrogression in the preamble. Stressing the indivisibility of human rights in line with the principles of non-retrogression and non-derogation of rights. 3. Ensure that the ASEAN human rights declaration is adhered to and adopted by other sectoral bodies dealing with human rights, including the economic, political, socio-cultural and other aspects of ASEAN for human rights cooperation. 4. In lieu of common values and particularities articulation in the Declaration, adhere to and adopt the formulation of the Vienna Declaration and the Universal Declaration of Human Rights since such have not yet attained any legal and jurisprudential antecedents or standing that could provide basis for norm or standard setting for human rights practice in the region. 5. Integrate perspective on inclusive and gender-responsive development to be applied throughout the declaration, e.g. in Preamble: (i) RECALLING.... to ensure inclusive, gender-responsive and sustainable development... - (ii) EXPRESSING... sustained inclusive economic growth, gender equality... - (x) CONVINCED... (iii)... sustained inclusive and gender responsive economic and social development 6. Expressing a common desire and collective will to live in a region and societies of lasting and genuine peace, security and stability, sustained economic growth, healthy and balanced ecology, shared prosperity, gender responsive social progress 7. Stressing the indivisibility of human rights and that civil and political rights, economic, social and cultural rights and right to development should be treated on equal footing with a view to creating conducive environment to achieve the betterment of human rights in the region. Our recommendations on the AHRD shall adopt the following General Principles: 1. Universality, indivisibility, inalienability and interrelatedness of, and substantive equality and non-discrimination in human rights; 2. Respect for inherent dignity, individual autonomy including the freedom to make ones own choices, and independence of persons; 3. Inclusion, participation and representation, especially of the marginalized and vulnerable; 4. Transparency, including ensuring that constituencies and stakeholders (with consideration of
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Philwomen on ASEAN is a network of womens rights advocates and organizations in the Philippines that critically engage and promote womens rights in ASEAN. Philwomen is composed of almost 80 organizations working on various issues and representing different sectors from rural and urban poor women, women workers, migrants, lesbians, bisexual and trans women (LBT), women with disabilities, women in education, young women, among others, formed in 2010.

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particular disadvantages or needs of certain groups) have access to information as a prerequisite for effective participation, feedback and providing input; Accessibility, availability, acceptability, and quality of services, facilities, information and goods including reasonable accommodation for persons with disabilities; Due diligence and accountability of states relating to Member States compliance with their obligations to respect, protect and fulfill and promote the rights especially of the marginalized and vulnerable; Promoting highest standards of human rights and non-retrogression; and Good governance including effectiveness, efficiency, complementarity and coherence in all structures, systems and processes of Member States.

Civil and Political Rights 1. Every person has the right to freedom of opinion and expression and the right regardless of geographical boundaries, to hold, seek, receive and impart information and ideas whether (orally, in writing) spoken or signed language, or through any other media of his or her choice in accessible formats. 2. The promotion and protection of religious freedom, indigenous culture shall not prejudice nor be used to discriminate and/or violate the inherent human rights of person or people not in conformity with the religion and culture such as but not limited to those with diverse sexual orientation and/or gender identity. 3. No person shall be removed, expelled or extradited to a place where he or she may face risks, degrading treatment, prosecution and punishment on grounds of disability, sexual orientation and gender identity, ethnicity or other status. 4. Every person has a right to form a family. The family is the basic unit of society. ASEAN Member States shall recognize and protect the rights of all forms of families, without distinction on nationality or citizenship, sexual orientation and gender identity. This includes the right of migrants, lesbian, gay, bisexual and transgender families to social services, co-own properties, and be recognized as rightful beneficiaries of the partners, with custody of their children. 5. Everyone has the right to marry and to dissolve a marriage. 6. All ASEAN Member States shall ensure that no religious beliefs or teachings should influence laws, and state policies nor it be imposed to all citizens in any ASEAN member state. Economic Rights 1. All persons, groups and peoples have the right to secure and sustainable livelihood. ASEAN Member States shall ensure an economic system that is people-centered with high regards to the sustainability of environment and natural resources. It shall strive to adopt economic policies that are inclusive for all and sensitive to the general and particular development needs of its peoples. 2. All persons, groups and peoples have the right to equal access and benefit from the governments budget and public services. Everyone has the right to benefit and access economic resources including but not limited to land, capital, credit facilities from financial institutions and technologies. ASEAN Member states shall create a mechanism for the marginalized especially women in the poor rural and urban areas by ensuring that they have Prepared by Philwomen on ASEAN 2

access and benefits to these resources. 3. ASEAN Member States shall promote land rights and respect patrimony of the ASEAN peoples especially of the farming, fishing and indigenous communities. Member States shall ensure that the principle of free, prior and informed consent be upheld in programs dealing with indigenous communities. 4. ASEAN Member states shall ensure that home-based enterprises of women in the communities, and the produce and livelihood of peoples are supported and promoted. Right to Work 1. Every person has the right to decent work, security of tenure, just and favorable working conditions in adherence to core labor standards, and with respect to the persons health, safety and dignity; such that reasonable accommodations shall be afforded to persons with disabilities. 2. Every person has the right to form and join workers unions, groups, and/or associations of his or her choice including the right to negotiate and conclude collective bargaining agreements without prejudice to race, ethnicity, colour, sexual orientation and gender identity, nationality, civil status, work status, or any other distinction. 3. Every person has the right to be free from and protected against all forms of discrimination and violence in the workplace which include but is not limited to unfair labor practices such as contractualization, gender-based discrimination and unjustified dismissal. ASEAN Member States shall ensure the entitlement of every person to social protection which includes social security benefits/insurance and social services in cases such as maternity, illness, work-related accidents and loss of employment. 4. The ASEAN as a community shall take measures that duly recognize production and social reproduction roles and needs of persons, groups or peoples particularly women in society. Social reproduction helps sustain economic systems of production. The ASEAN Member States shall take steps to ensure improvement of lives and full development of persons, groups and peoples inside and outside the workplace, in families and at communities. 5. Migrant workers and members of their families within the territory or jurisdiction of any ASEAN Member State shall enjoy their human rights and fundamental freedoms without distinction of any kind such as sex, gender, sexual orientation, gender identity, race, colour, language, religion, political or other opinion, national, ethnic or social origin, nationality, age, economic position, property, marital status, disability, birth or other status. In the same manner, ASEAN Member States shall strive for a secure and rights based migration with mechanisms for the protection of women migrants in line with the recognition of the right to movement, mobility, equal opportunity and decent work. 6. To this effect, ASEAN Member States shall take measures to realize equal opportunities to and benefits of work including just compensation and security of tenure on an equal basis with others, without prejudice based on race, colour, sexual orientation and gender identity, ability, social status, nationality, civil status, work status, or any kind of distinction. 7. The ASEAN shall adopt an ethical recruitment framework in recognition of co-responsibility of ASEAN Member States in the protection of migrant workers of both sending and destination countries. The ethical recruitment framework shall ensure transparency and accountability of both sending and destination countries, including recruitment agencies and non-discrimination between migrant workers and local workers. Prepared by Philwomen on ASEAN 3

Right to adequate standard of living 1. All persons, groups and peoples have a right to own and register under their name or be stewards of properties. 2. No person, group or peoples shall be deprived of the right to secure land tenure, and a decent, adequate, affordable and climate-adaptable housing. Every person or group has a right to live in or be relocated to sites which are habitable and are accessible to employment and other economic opportunities. No person, group or people shall be removed from their habitation without proper and decent relocation. 3. ASEAN Member States shall ensure access to essential facilities and services such as housing, safe water, electricity, schools, health centers and hospitals, livelihood center, among others, to all persons, groups, or people on an equal basis with others. ASEAN Member States shall take measures to enable persons, groups, people to access these services. 4. Every person has a right to be free and protected from all forms of discrimination and abuse, and be treated fairly without prejudice, on an equal basis with others. In this regard, ASEAN Member States shall put in place mechanisms and initiate process for the elimination of all forms of discrimination and violence in both public and private spheres of life. Right to health

1. The right to comprehensive health care based on the highest attainable health standards imposes upon ASEAN Member States the obligation to eliminate all forms of discrimination in health services. 2. ASEAN Member States shall strive to provide comprehensive health care based on the highest attainable standard including but not limited to comprehensive child care, sexual and reproductive health services, and access to full range of family planning options and methods, and maternal care. Furthermore, ASEAN Member States shall ensure and enable persons, groups, peoples access to health information.

Right to information

Every person, group, people has a right to information on governance, health, and all other matters relating to public life. To this effect, ASEAN Member States shall take measures to eliminate all barriers to access information; to ensure access to information of all persons, groups, and people, cognizant of needs of persons with disability, differences in languages, and any other factor that may inhibit full enjoyment of this right. Right to active and meaningful participation 1. All persons, groups and peoples have a right to actively and meaningfully participate in Prepared by Philwomen on ASEAN 4

building the ASEAN community. 2. No person, group or people shall be deprived of the right to form associations and participate in governance in her country, and any other body in the ASEAN. 3. ASEAN Member States shall take all appropriate measures to ensure and enable full development, advancement, and participation of persons, groups and peoples, without prejudice based on race, colour, sexual orientation and gender identity, disability, nationality, civil status, age or any distinction. Protection from and Elimination of Violence against Women (VAW) 1. Every woman victim-survivor of violence has the right to be protected under the law, to be treated fairly and protected from discrimination and abuse. Women victim-survivors of VAW have the right to access justice, legal remedies and reparations. They shall be given an immediate protection and other rehabilitative services like medical, legal and psychosocial services, among others. 2. ASEAN Member States shall take all necessary measures to eliminate all forms of discrimination against women and to empower women and strengthen their economic independence and to protect and promote the full enjoyment of all human rights and fundamental freedoms in order to allow women and girls to protect themselves against violence. Right to Access Justice 1. Every person has a right to be protected by law on equal basis with others. 2. Every person, group and people has a right to a competent and independent tribunal for acts violating rights granted by this Declaration and/or by national laws, on equal basis with others. 3. Every person, group and people has a right to an effective an enforceable remedy. Member States shall ensure protection of human rights and address international humanitarian law violations, especially violence perpetrated on women and other vulnerable sectors; provide compensations and reparations against injuries caused; and strive for the adoption of reforms to avoid the repetition of violations. 4. In order to ensure effective access to justice, this Declaration guarantees the creation of human rights mechanisms in the ASEAN region which shall, among others, address and provide remedies for the human rights violations in cases where all available domestic remedies were exhausted or no effective remedy within the complainants State is available. 5. Furthermore, ASEAN Member States shall promote with due diligence the administration of justice, including proper training of all personnel related to administration of justice, undertaking legislation and judicial reforms to realize human rights of individuals, groups and peoples set forth in this Declaration, provision of comprehensive support services, and appropriation of adequate budget for policies and programs supporting access to justice as set forth in this Declaration. Right to mobility Prepared by Philwomen on ASEAN 5

ASEAN Member States shall enable mobility of ASEAN peoples, as persons, groups or whether as workers or families. The ASEAN shall put in place mechanisms to facilitate free movement of peoples in the ASEAN countries. Right to Peace 1. All peoples have a collective and sacred right to peace. The right includes freedom from all forms of aggression, tyranny, oppression and violence, including during internal armed conflicts, as defined and governed under international humanitarian law. 2. ASEAN Member states shall strive to achieve international social justice by adopting the principles of universality, interdependence and indivisibility of human rights. The full realisation of the right to peace will not be achieved without full recognition of equality of rights of men and women and an enabling coordinated and coherent response to the threats to human rights arising from the global interdependence of all peoples and nations. 3. Regional as well as international cooperation must be undertaken to assist in the implementation and realization of the right of peoples to peace through the adoption of appropriate measures at the national, regional and international levels. 4. The right to peace also imposes upon the State a duty to ground conflict resolution on rule of law. Cooperation in the Promotion and Protection of Human Rights Enhance the fulfillment of state obligations to promote and protect the human rights by supporting member states to effectively implement legal frameworks and actively contribute towards the continuing advancement of universal human rights standards. The creation of a strong, independent and effective regional human rights system in the ASEAN would therefore create the necessary conducive environment for such fulfillment of state obligations. Framework of cooperation shall adhere to principles of complementarity and coherence based on international human rights standards. ###

Contact Person: Jelen Paclarin/ Chang Jordan womenslegalbureau@yahoo.com, (632)9214389, +639054360235.

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